- 31 - that Mr. Boykens, a certified public accountant, thought that their “untaxing” idea was “crazy.” We find petitioners’ explanations of their “firm belief” not credible. Mr. Runkle had a paralegal degree and had the intelligence to research the law and understand the statutes. He demonstrated this ability at the summons conference when he explained that he had already researched section 6001 and this section did not require him to file a return. Petitioners’ actions and correspondence reveal that their belief was not an honest misunderstanding of complex provisions of the Code. Instead, it reveals they knew they were required to file returns but failed to do so. Their asserted belief that the tax law should not apply is an insufficient defense to fraud. See Cheek v. United States, 498 U.S. 192, 205-206 (1991); Niedringhaus v. Commissioner, 99 T.C. at 219. 8. Summary of the Badges of Fraud Most of the badges of fraud upon which this Court customarily relies are present in this case. Petitioners engaged in a pattern of failing to file income tax returns despite having the business acumen and knowledge they had sufficient income to require them to file tax returns. They filed tax returns for others but not themselves during the years at issue, and they stopped filing tax returns for themselves after more than 20 years filing for themselves. In addition, they deliberatelyPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011